paschal lazaro machembe 2020 tzhc 4196 26 november 2020

paschal lazaro machembe 2020 tzhc 4196 26 november 2020

The offence is bailable, both parties concede bail is appropriate, and statutory safeguards exist to ensure the applicant's appearance; bail is granted with mandatory and additional conditions as per EOCCA due to the value involved.

Citation
paschal lazaro machembe 2020 tzhc 4196 26 november 2020
Parties
Applicant: Paschal s/o Lazaro @Machembe; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2020
Procedural Posture
Misc Criminal Application / Ruling on Bail Application Pending Trial
Outcome
Bail granted with conditions
Legal Topics
Bail, Jurisdiction, Bailable Offences
Source Language
English
Criminal Law Economic Crimes Bail Jurisdiction Bailable Offences

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Parties

Paschal s/o Lazaro @Machembe

Applicant

The Republic

Respondent

Procedural Posture

Misc Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant is entitled to bail pending trial under the Economic and Organized Crime Control Act given the amount involved exceeds the jurisdiction of the trial court

Ratio Decidendi

The offence is bailable, both parties concede bail is appropriate, and statutory safeguards exist to ensure the applicant's appearance; bail is granted with mandatory and additional conditions as per EOCCA due to the value involved.

Court Disposition

Bail granted with conditions

Orders

  • Applicant to deposit Tshs. 17,367,000 or title deed of immovable property of equal value, free from encumbrances, approved by Registrar of Titles or local authority.
  • Applicant to provide one reliable surety to execute a bond of Tshs. 17,367,000.